1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
23
(a) proceedings by a person claiming under a title adverse and superior to that under which the original tenancy, by virtue of which the tenant became entitled to retain possession, was derived; or
(b) proceedings against a derivative landlord:
Provided that no order or judgment against a derivative landlord for the recovery of possession or ejectment therefrom shall affect the right of any sub-tenant to whom the premises or any part thereof shall have been lawfully sublet before proceedings for recovery of possession or ejectment were commenced to retain possession under this section or be in any way operative against any such sub-tenant.
(4) Notwithstanding the provisions of subsection (1), a closure order may be made under section 27 (Closure Order) of the Buildings Ordinance (Cap. 123). (Added 43 of 1949 s. 3)
Surrender, etc. of tenancy for consideration allowed under certain circumstances
(25 of 1947 s. 5 incorporated)
18. (1) Notwithstanding the provisions of section 15(1)(b), a tenant may, pursuant to an agreement in accordance with subsection (2), receive consideration whether in money, in kind or in any other manner whatsoever, for the surrender or termination of his tenancy.
(2) An agreement referred to in subsection (1) shall-
(a) be in such form as the Commissioner shall approve;
(b) have endorsed thereon a certificate referred to in subsection (3)(c); and
(c) be lodged with the Commissioner within 28 days of its execution, with such fee as may be determined by the Financial Secretary. (Amended 40 of 1984 s. 7; 32 of 1985 s. 3)
(3) The Commissioner or any public officer authorized by him in that behalf-
(a) shall satisfy himself that the tenant-
(i) in entering or proposing to enter into an agreement under this section understands the effect of such agreement; and
(ii) in signing or agreeing to sign such an agreement has not been subject to any undue pressure or influence; and
(b) may make such inquiries as he thinks fit for the purposes of paragraph (a); and
(c) shall, if satisfied as to the matters specified in paragraph (a), endorse upon the agreement a certificate to that effect in such form as the Commissioner shall, from time to time, specify. (Amended 93 of 1975 s. 5; 32 of 1985 s. 3)
(4) Nothing in subsection (3) shall be construed as imposing upon the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement.